Revolutionary War Pension and Bounty Land Warrant Application File S. 12833, John Dyche, Va.

SERVICE
Va.
Dyche, John or Dyke
S 12833.
loaded
CONTENTS

1654 Kentucky
John Dyke of Brooklee in the State of Kentucky who was a private in the company commanded by Captain Steele of the Reg t commanded by Col l Taylor in the Virginia line for 1777-1778
John Dyke Records corrected Jan y 14/06/32
Inserted on the Roll of 1777-1778 at the rate of 25 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 day of March 1832 and 1833 M c Taylor Winchester Arrears to the 14th of March 60.00 Semi-annual allowance ending Sept r 15.00 $75.00
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by D. W. Taylor Clerk, Book _____ Vol. _____ Page _____
Letter to Pension Agent J. D. Campbell 21 April 1838 To Pension Agent 7 th May 1838 do do same May 22 1838 do do to Harres 7 th June 1839.

12. 696 John Dykes Blake C. Hens
from 1778 private 9 months p. 30.
White Dyer 1778
J. M. Taylor

BRIEF in the case of John Dykes County of Clark in the State of Kentucky (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 81 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     July In 1778 2 Private Gen. White Col. Taylor   Sept 1780 3 " Col. Phillips Gen. Weedon   as rec 1781 2 " Col. Harris Gen. Lafayette   Sept 1781 2 " Col. White " "  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Goodland Co. Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cottle Examining Clerk.

County of Clarke State of Kentucky 301
On the 23 rd day of September one thousand eight hundred and thirty two came personally into open court before Richard French one of the Circuit Judges for the State of Kentucky, John Dykes a resident of Clarke County in the State of Kentucky aged eighty one years, who being first duly sworn according to law doth on her oath make the following declarations in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832.
That he was born according to the Register of his father on the 29 th of April 1757, and was 81 years old last April - That he was born & raised in Goochland County, State of Virginia. That in the month of July 1778 he was drafted  was drafted into the service as a Militia Soldier, in the County of Goochland  in the County of Goochland & marched to Albemarle Barracks in Virginia; That Col. Taylor and Major Roberts, and Captain John White were the principal officers; That he served as a guard at the said Barracks guarding British prisoners, said to be about seven thousand in number, for two months; that he was then discharged but has lost or mislaid it - That in the month of September in the year 1780 he was again drafted as a militia man; That Richard Philips was his Captain, Major McGill & Major McCluman and General M c Leod were the principal officers; that he marched from Jones Court house to Richmond and from thence to Newbury Mills in the Isle of Wight County, that he was discharged a little before Christmas in the same year and as well as he can recollect he served on that tour three months - That in the month of April 1781 he was again drafted in the Virginia Militia. That John Harris was his Captain, and Genl. La Fayette was the Commanding General.
12. 676.

That Richard Pollett was, the Lieutenant, & obedient Prisoner was, the Ensign - That he marched from Prison County Virginia to Williamsburg That the army under Genl. La Fayette retreated from Williamsburg to Winchester, and he was discharged between Williamsburg & Winchester and the latter part of May 1781 - That he served in that town two months - That in the early part of September 1781 he was again drafted - That John White was his Captain, Turner Anderson was the Lieutenant, and Genl. La Fayette was, the principal officer. That he marched from Prison County to Little York where we met the army under General Washington. That he was discharged in November 1781. but at which time he does not recollect or remember on that tour more than two months - That he has lost all his discharges not considering them of any value. That he is certain that he served altogether at least 9 months.
He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in any State -
Given under my hand the day & year of
18 Feb 1840 J. D. Dyche

State of Kentucky Clarke County Set. Personally appeared before me Richard French one of the circuit judges, in & for the state of Kentucky in open court, Randall Haley, & Benjamin Haley, and made oath that they are well acquainted with John Dykes, and have been from their youth upwards to this time, that they are well acquainted with all the facts touching the service of the said John Dykes in the Militia Service in the state of Virginia as in his declaration set forth and they believe the said declaration to be true: that they served in all of the tours of duty mentioned in said declaration in company with said John Dykes & were his messmates in all of said tours of duty - Given to in open court this date above.
Benjamin his Haley mark
Randall his Haley mark
And the said Court does hereby declare its opinion after the investigation of the matter and after putting the interrogatories prescribed by law and after hearing the testimony named John Dykes was a soldier of the Revolutionary War & served as a soldier and the Court grants the

Certifies that it appears to it from common law and from a personal knowledge, - of the within named John Dyche that Russell Dale & Benjamin Dale are credible witnesses, and their statements are correct.
State of Kentucky ss
Samuel M. Taylor clerk of the Clarke Circuit Court in said State, do hereby certify, that the for- going contains the original proceedings of the said Court: in the matter of the Petition of John Ryche for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 29 th day of September 1832
Sam M. Taylor

Newman
12833 INVALID.
one
File No. _____
John Dyke ★ Brn. Rev. War.
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]
John Dyke ★ Records corrected Jan 11/06.

Northern Bank of Ky Lexington May 14 1838
Sir
Your favor of 7 Inst is received, enclosing printed rules under the Act of 6 th April 1838, and returning the papers of John Dyke, with the objections endorsed thereon, viz the want of attestation to the pensioner's signature (by mark) to the oath of identity. This is the first case in which this objection has been urged by your Department. And the 7 th June 37 Thomas Edmiston presented his papers at this Affir, and they were objected to for the reason above named; but by request they were forwarded to your Affir and an objection to them stated, and in reply we recd the following letter, from your
(Cont.)
War Department
Pension Affir June 14 1838
Sir, The papers of Thomas Edmiston, a pensioner under the Act of June, 1832 are herewith enclosed. As the name of the magistrate appears to the oath of identity of this pensioner, who makes his mark, and as that Affir has also signed the acknowledgment to the power of attorney, and both instruments bear

"The same date, it is clear that he (witness) was present at the time the pensioner executed the power of attorney, and therefore you will please pay the amount due him."
I am respectfully
Your Abt Servant
Edw. I. L. Edward
Since the receipt of the above letter, we have never required, in cases where the oath of identity was administered by the same Magistrate, before whom the power of attorney was acknowledged, and on the same date, that the pensioner's signature by mark or otherwise, to the oath of identity should be attested by a witness other than the Magistrate who acted in the case; nor has it ever been required by you, heretofore, in any of the numerous cases which we have forwarded to you for inspection. We hope therefore that you will reconsider the case of John Dyke. In your reply, have the goodness to state whether, in cases of the kind above named, an additional witness to the pensioner's signature by mark to the oath of identity must always be required.
Very respectfully
Your Abt Servant
John Sedgwick
for Mr. E. C. Kendall
J. L. Edward Esq. Comm d of Pensions

Penson Claim
Oct 6. 12 696 John Barker Honble Lewis Cass War Department Washington City
free

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Dyker  Black  6  Particulars which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 51   EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeh and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Apr 20.
Mr. Evans.
free
A. J. Edwards Esq. Common Pleas Washington D.C.

Northern Bank of L, Limerick 17, April 12 1838
Sir Enclosed please find the papers of John Dyke for your inspection - 2 years due -
Very respectfully
Wm Ennis Penalton
J L Edwards Esq Comm Pensioner

Manchester N.H. May 30
Rev R. H. Hays
In ab Mrs. Evans
J. L. Edwards Esq Com ee Pensions Washington D.C.

Winchester Ky.
29. May 1839
Sir,
Will you be so good as to inform me whether a power of attos and other necessary papers authorizing me to receive the pension of John Dike or Jno. Dyche a Revolutionary pensioner have reached your office, and if there be any difficulty in the preparation of the vouchers. Mr. Dike is a neighbour of mine of very infirm health, in indigent circumstances, and failed to collect his pension at the Lexington Agency from ignorance of the law which returns all pensions not drawn in a given time into the Treasury.
He is a man of excellent character, and I have some impression that a difficulty was raised because of the spelling of his name in one place Diket in another Dyche. yrs very Resp'y R. Hawes